Executive Summary -
It has been a turbulent start to 2025 as U.S. employers scramble to adapt to new executive orders, sweeping changes at federal agencies and a growing patchwork of workplace regulations at the state and...more
5/7/2025
/ Discrimination ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employer Responsibilities ,
Executive Orders ,
Federal Contractors ,
Federal Labor Laws ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Regulatory Reform ,
Trump Administration ,
Wage and Hour
Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases...more
8/14/2024
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Harassment ,
Hiring & Firing ,
Human Rights ,
Illinois ,
Labor Law Violations ,
New Legislation ,
Popular ,
Retaliation ,
State Labor Laws ,
Statute of Limitations
Colorado Senate Bill 24-205 (“SB205”), landmark legislation that expressly creates statutory tort liability for AI algorithmic discrimination in the employment context, has passed both houses of the Colorado General Assembly,...more
Executive Summary -
2024 promises to be a consequential year for employers. The U.S. is preparing for an election that will likely have a significant impact on the future of employment and labor law. At the same time,...more
5/8/2024
/ Annual Reports ,
Artificial Intelligence ,
Bias ,
Corporate Counsel ,
Employees ,
Employment Litigation ,
Employment Policies ,
Enforcement Actions ,
Federal Labor Laws ,
Human Resources Professionals ,
Labor Law Violations ,
State Labor Laws ,
Surveys
On August 24, 2023, the Office of Management and Budget approved a request from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) to revise the “Itemized Listing” that OFCCP uses to collect...more
The California Supreme Court issued a ruling this week that expands the definition of employer under the state’s main discrimination statute, the Fair Employment and Housing Act (FEHA). This expansion not only increases the...more
Two business days before the start of enforcement of NYC Local Law 144 of 2021, the first-of-its kind law regulating the use of AEDTs (Automated Employment Decision Tools), the New York City Department of Consumer and Worker...more
On June 14, 2023, the European Parliament voted to approve the first draft of the new AI Act, the world’s first comprehensive law regulating artificial intelligence (“AI”). Although the law has not yet been passed and may be...more
6/22/2023
/ Artificial Intelligence ,
Corporate Counsel ,
Employer Liability Issues ,
EU ,
Innovative Technology ,
International Labor Laws ,
Labor Reform ,
Legislative Agendas ,
Machine Learning ,
Non-Discrimination Rules ,
Pending Legislation ,
Regulatory Agenda
I. Introduction -
A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT -
Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to...more
Executive Summary -
Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations.
Numerous headwinds...more
5/10/2023
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Law Violations ,
Leave of Absence ,
Public Health Emergency ,
Reasonable Accommodation ,
Remote Working ,
State Labor Laws ,
Telecommuting ,
Wage and Hour
In the wake of its recently issued rules regarding New York City Local Law 144 (“Local Law 144”), the New York City Department of Consumer and Worker Protection (DCWP) will be holding an educational roundtable on May 22,...more
4/28/2023
/ Artificial Intelligence ,
Business Roundtable ,
City of New York ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Innovative Technology ,
Labor Reform ,
Machine Learning ,
Regulatory Agenda ,
State Labor Laws
After several rounds of public comment and revision, on April 5, 2023 New York City published final regulations implementing its first-in-the-nation ordinance that regulates the use of AI-driven hiring tools (Local Law 144 of...more
4/14/2023
/ Adverse Employment Action ,
Artificial Intelligence ,
Bias ,
City of New York ,
Employer Liability Issues ,
Employment Discrimination ,
Final Rules ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
Machine Learning ,
Regulatory Agenda
New York City is deferring enforcement of its first-in-the-nation regulation of the use of AI-driven hiring tools (Local Law 144 of 2021), which was initially slated to go into effect on January 1, 2023. This past Friday...more
On September 23, 2022, the New York City Department of Consumer and Worker Protection (DCWP) proposed additional rules relating to Local Law 144 of 2021, which will regulate the use of automated employment decision tools...more
On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) issued a “Technical Assistance” (TA) document addressing compliance with ADA requirements and agency policy when using AI and other software to hire and...more
Two noteworthy developments have occurred since the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws on March 15, 2022 that relate to the nascent law...more
On March 15, 2022, the California Fair Employment & Housing Council released draft revisions to the state’s employment non-discrimination laws that would dramatically expand the liability exposure and obligations of employers...more
3/18/2022
/ Adverse Employment Action ,
Algorithms ,
Artificial Intelligence ,
Automation Systems ,
California ,
Employer Liability Issues ,
Labor Reform ,
Machine Learning ,
Non-Discrimination Rules ,
Public Meetings ,
Regulatory Agenda ,
State Labor Laws
New York City marked the end of 2021 by enacting a law that will make it challenging, if not infeasible, to use a broad swath of algorithmic, computerized tools to review, select, rank or eliminate candidates for employment...more
12/28/2021
/ Algorithms ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Local Ordinance ,
Machine Learning ,
New Regulations ,
New York ,
Popular
Executive Summary -
The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19...more